JUDGMENT (Prayer: This Civil Suit has been filed, under Order VII Rule 1 of CPC read with order IV Rule 1 of the Original Side Rules, for the relief as stated therein.) 1. This Civil Suit has been filed, seeking judgement and decree, directing the Defendant to pay the Plaintiff a sum of Rs.4,73,50,000/- (Rupees Four Crores Seventy Three Lakhs and Fifty Thousands only) with interest at the rate of 12% p.a. from the date of the plaint till the date of realisation and for costs. 2. The case of the Plaintiff is that the Defendant is the landlord of the premises at No.29, Dr.P.V.Cherian Crescent, Ethiraj Salai, Egmore, Chennai-8, measuring about 5252 sq.ft. and the Defendant is the tenant therein. The tenancy is only for non residential purpose. A sum of Rs.74,175/- was paid as rental advance and the monthly rent was Rs.45,150/-, exclusive of the electricity charges and the monthly rent had to be paid on the first day of every succeeding month. Till March 2013, the rent was paid. On 2.4.2013, the Plaintiff initiated fair rent proceedings in RCOP.No.585 of 2013, on the file of the XIII Small Causes Court, Chennai and from April 2013, the Defendant stopped paying the rent. On 20.4.2017, the Rent Controller fixed a sum of Rs.9,47,000/- as fair rent per month from 2.4.2013. The Plaintiff had also preferred an appeal against the same. The Defendant had also filed RCOP.No.1881 of 2014 for depositing the contractual monthly rent from April 2013 and it is pending. The Defendant has to pay the fair rent arrears from April 2013 till May 2017 (50 months). The Plaintiff is entitled to collect the entire arrears to the tune of Rs.4,73,50,000/- with interest at 12% p.a. from the date of the order dated, 20.4.2017 made in the RCOP. The Plaintiff had issued a legal notice dated 14.06.2017 to the Defendant demanding the said amount with interest. Non payment of the rental arrears is wilful and wanton. Hence, this Civil Suit has been filed, seeking the reliefs, as stated above. 3. The Plaintiff had issued a legal notice dated 14.06.2017 to the Defendant demanding the said amount with interest. Non payment of the rental arrears is wilful and wanton. Hence, this Civil Suit has been filed, seeking the reliefs, as stated above. 3. The case of the Defendant, as set out in the written statement, is that the Defendant Corporation is a Central Government Undertaking and is in the business of hospitality industry/ travel service and it was functioning at No.29, Dr.PV.Cherian Crescent, Ethiraj Salai, Egmore, Chennai-8 till the premises was vacated by the Defendant and handed over to the Plaintiff on 2.7.2018. The Defendant was a tenant on a monthly rent of Rs.45,150/- at the time of filing RCOP.No.585 of 2013 by the Plaintiff for fixation of fair rent. The fair rent was fixed at Rs.9,47,000/- p.m by the Rent Controller. Against the order of the Rent Controller, both the Plaintiff and the Defendant have filed RCA.Nos.538 of 2017 and 463 of 2017 respectively. The Rent Control Appellate Authority, by order dated, 1.9.2018 reduced the fair rent to Rs.8,81,060/- p.m. dismissing the appeal filed by the Plaintiff. The Defendant had preferred CRP.No.678 of 2019 against the order of the Rent Control Appellate Authority and it is pending and the Plaintiff had also filed CRP.No.519 of 2019 and the same is also pending. The Defendant vacated and handed over the premises to the Plaintiff on 2.7.2018 and deposited a sum of Rs.2 crores as per the order of this Court, dated 16.07.2018 and by order dated, 19.9.2018, compliance of the said order was recorded. The Plaintiff is entitled to the suit claim only when the monthly fair rent payable is finally fixed by this Court. The suit is premature. In such circumstances, the suit is liable to be dismissed. 4. On the pleadings of the parties and other materials on record, the following issues were framed:- (1) Whether the Plaintiff is entitled to a decree for recovery of a sum of Rs.4,73,50,000/- as prayed for in the plaint, especially when the fair rent fixed by the learned Rent Controller is yet to reach finality? (2)Whether the Plaintiff is entitled to interest and if so at what rate and from when? (2)Whether the Plaintiff is entitled to interest and if so at what rate and from when? (3)On the tenant vacating the premises on 2.7.2018 and also depositing Rs.2 crores in compliance with the High Court's order dated, 16.07.2018 in A.No.3220 of 2018 in CS.No.553 of 2017 and the same having been withdrawn by the Plaintiff with accrued interest in view of the order dated, 25.09.2019, should not the Plaintiff await final order in both CRP.Nos.519 and 678 of 2019? 5. On the side of the Plaintiff, Ex.P1 to Ex.P9 were marked and PW.1 was examined. On the side of the Defendant, Ex.D1 was marked and DW.1 was examined. 6. This Court heard the submissions of the learned counsel on either side. 7. The learned counsel for the Plaintiff has submitted that the Rent Controller has fixed the fair rent at Rs.8,81,060/- p.m. This order was confirmed in CRP.Nos.678, 518 and 519 of 2019. As per the order, the Defendant has to pay Rs.4,17,95,500/-. As per the order dated 16.07.2018, in A.No.3220 of 2018, the Defendant deposited Rs.2 crores on 27.08.2018. As per the order dated 25.09.2019, the Plaintiff had withdrawn R.1,00,00,000/-. The Plaintiff may be permitted to withdraw the balance of Rs.1,00,00,000/-. The learned counsel prays for a decree for Rs.2,17,95,500/- with interest. For payment of interest, the learned counsel would rely on the unreported judgement of this Court, dated 30.04.2015 made in CS.No.838 of 2010, wherein it was held as under:- “8.1. No doubt, the rental agreement did not provide for payment of interest. But, the rent payable ha remained unpaid for a long time. Had it been paid in time, the Plaintiff might have utilized the money and earned profit out of it. Therefore, because of the delay in payment, the Defendant is liable to pay interest. May be the rate of interest claimed can be said to be high. But, the Defendant is liable to pay the arrears with reasonable rate of interest, especially when the Defendant failed to hand over the key as promised, but has driven the Plaintiff to the extent of filing an execution petition to get possession. The Defendant is liable to repay the rental arrears with 12% interest per annum, which is the normal commercial rate of interest offered by Banks.” 8. The learned counsel for the Defendant has submitted a calculation memo. The Defendant is liable to repay the rental arrears with 12% interest per annum, which is the normal commercial rate of interest offered by Banks.” 8. The learned counsel for the Defendant has submitted a calculation memo. In that memo, he has admitted the balance claim amount of Rs.2,17,95,500/- and he only prays to reduce the interest amount. 9. Considering the submissions of the learned counsel on either side, this Court permits the Plaintiff to withdraw a sum of Rs.1,00,00,000/- deposited in the Court. 10. Issue Nos.1 and 2:- The Defendant has to pay a sum of Rs.2,17,95,500/- with interest at 6% p.a. from the date of the plaint till the date realisation. Accordingly, these issues are answered. 11. Issue No.3:- Since CRP.Nos.519 and 678 of 2019 were disposed of on 17.09.2021, this issue need not be considered. 12. In fine, this Civil Suit is partly decreed to the extent indicated above, with proportionate cost.